Capitol Cab Corp. v. Anderson

The plaintiff moves for reargument and on said reargument for a denial of defendant’s motion for a mistrial. The question raised is whether the statement of plaintiff’s attorney and his questions relative to the consultation by defendant’s trial counsel with excluded witnesses during a court recess was improper and prejudicial.

In granting the motion for a mistrial the court stated in its written opinion:

“ During the trial and at the conclusion of the case, the defendant moved for a mistrial. Decision was reserved on that motion. It was based on remarks made by the plaintiff’s attorney before…